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In this lesson, you will learn the different ways you’re able to strategically act during the answer stage depending on the goal of your case.
Strategic use of filings
- Deciding what to file
- Goal: Justice
- Goal: Settlement
- Goal: Delay
- Goal: Favorable judgment
Transcript
The general suggestions in this section provide information about how to approach different procedural situations.
When approaching your case, make decisions based on your own circumstances, jurisdiction, rules of civil procedure, and your goals. In short, think carefully about what you file and when to file. Use the suggestions in this section as simple guidelines.
If your goal is justice and that you don\’t want to be kicked around, your tactic might be to harass. This is better from a defendant\’s position because someone has sued you. You might proceed by using the motion to dismiss, or you might begin discovery early to obtain information your opponent may not want to reveal. For instance, you can assert affirmative defenses that can get you deeper into the plaintiff\’s business.
If your goal is to settle, a tactic might be to raise litigation expenses so that your opponent will want to give in early. Make your opponent spend money. Let them know you have staying power with a motion to dismiss. Subpoena witnesses, send other discovery, file a counter claim if you have one, and so on.
If your goal is to delay such as in a foreclosure where you wanna stay in your house longer, your tactic might be to raise extraneous issues without being frivolous. File a motion for extension of time to answer, spend years in discovery, exhaust all motions, produce a long list of affirmative defenses, and nitpick over every document the plaintiff files. If you have a counter claim, file it.
If your goal is a favorable judgment, Your tactic may be to focus on the core elements of the case and the law and not get sidetracked. To focus on core elements, you\’ll need to respond adequately to all motions and pleadings. Attend and be prepared for hearings and avoid summary judgment, default judgment, or dismissal against you.